Big Win For Homeowners – California Supreme Court Depublishes Aspiras v. Wells Fargo
(click on link above to read the NHLP's request to deplublish Aspiras)
"As expected, the Plaintiffs in Aspiras filed a petition for review on October 29, 2013, asking that the California Supreme Court review the appellate court’s order and overturn its findings. Chase filed its response to that petition in opposition to the plaintiffs’ request. Soon after, Kent Qian, of the National Housing Law Project (“NHLP”) filed a letter asking the court to depublish the Aspiras case, a move which would essentially negate the case’s precedential value and limit is binding effect on any other court. The letter seeking depublication is a brilliantly written analysis of (1) why Aspiras was wrongly decided, (2) how public policy favors the outcome in Jolley, and (3) why Nymark had been so wrongly understood. The letter can be read here."
"It worked! The California Supreme Court denied review of the case, but granted the NHLP’s request to deplublish Aspiras. While no one can be certain why the Supreme Court did what it did, the outcome is undoubtedly a big win for homeowners. The Jolley ruling, together with the Homeowners’ Bill of Rights, and plain-old negligence principals should now be sufficient to hold servicers accountable for engaging in negligent conduct, when they do things like repeatedly lose documents, misrepresent facts during the loan modification process, dual-track into foreclosure, renege on promises to modify, and wrongly deny people for modification."
November 18, 2013
Hon. Chief Justice and Associate Justices
California Supreme Court
350 McAllister Street, Room 1295
San Francisco, California 94102
Re: Aspiras v. Wells Fargo Bank, N.A.
Appellate Case Nos. S214297 and D061449
REQUEST TO DEPUBLISH